Hello everyone..i would care to ask if there's any difference between Vaterschaft/Sorgerecht by notar and the one issued by the jugendamt because i submitted the one I have which was done by the notar but the ausländerbehörde took only my passport and German  daughter birth certificate without taking the recognition which was done by notar. They told me that they need the one from jugendamt...what should do because they have my passport and issued me two months Duldung ,they told I could come back whenever i got the one from jugendamt. The mother of our child called jugendamt and they said that the one which i have from the notar is enough..
asked Nov 27, 2021 in Legal advice by Samty

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1 Answer

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Dear @Samty

Welcome to the Wefugees Community and thank you for sharing your situation with us. 

I was trying to make some research, but unfortunately the found information can not give a clear answer to your issue. Maybe those complications are related to the fact that eventually your residence permit will depend on the declaration of the fatherhood and the immigration office (Ausländerbehörde) wants an official authority to look at your case. But this is only a guessing. Another assumption: The (identity) documents you showed to notary were not "sufficient". 

It could be the easiest and smoothest way to explain the "Jugendamt" the immigration office's response. Provided that they can offer you a respective appointment in the near future. 

I will link one of our experts here. Dear @alla_fka, can you give us more information on this? 

In any case, seeing a (migration) counselling office can be also helpful! Let us know if you need support in finding one in your area! 

All the best, 

Meike

answered Nov 28, 2021 by Meike
Thanks for your reply i really appreciate. I showed the notar the identity card of the (flüchtlinge heim)where i was living before i left that bears my name, foto, the address which he used .is it possible to make another appointment with the jugendamt once again because I have applied for another asylum and i have address with an Ausweise right now?should i go back to foreigners office and tell them what the jugendamt says when my  german partner called them (that what we did by the notar is enough).
Hello,
I asked our councelling lawyer. In his opinion there is some difference between Vaterschaft/Sorgerecht with a notary and with Jugendamt. A notary just makes it as a record of your statutory declaration (affirmation in lieu of an oath), in German "eidesstattliche Versicherung". The responsibility of Jugendamt ist wider, they should (at least formally) check if this declaration is in accordance with the well-being of the child. Also, Jugendamt should check if the person who makes this declaration has a special interest to make it for the aim of getting a residence in Germany. In such cases they should postpone the issuing and send the case to the Ausländerbehörde for checking if this could be a misuse of Vaterschaft. In such cases they wait for the "green light" from the Ausländerbehörde before they issue the documents.
So the easiest way for you is to make an appointment with the Jugendamt and to explain them why you need it once more.
Thank you dear @Alla_fka for the research and sharing the information here! I am sure they will be interesting for many readers! Best, Meike
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